Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 201
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-128.5; (12)SE0201.1.1. -->
SECTION 1. IC 16-18-2-128.5, AS ADDED BY P.L.126-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 128.5. (a) "Fetal stem cell" means any of the
following types of stem cells taken from a fetus that was either
miscarried or stillborn from any of the following sources:
(2) Umbilical cord.
(3) Amniotic fluid.
(4) Fetal tissue.
(b) The term does not include any cells that are taken as the result
of an abortion.
unless the cells are permissible for use under applicable
SOURCE: IC 35-46-5-3; (12)SE0201.1.2. -->
SECTION 2. IC 35-46-5-3, AS ADDED BY P.L.126-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) As used in this section, "qualified third
party" means a fertility clinic or similar medical facility that:
(1) is accredited by an entity approved by the medical
(2) is registered under 21 CFR 1271 with the United States
Food and Drug Administration; and
(3) employs a physician licensed under IC 25-22.5 who:
(A) is board certified in obstetrics and gynecology; and
(B) performs oocyte cryopreservation at the facility.
A person who knowingly or intentionally purchases or sells
a human ovum, zygote, embryo, or fetus commits unlawful transfer of
a human organism, a Class C felony.
This section does not apply to the following:
(1) The transfer to or receipt by either
a woman donor of an ovum
or a qualified third party
of an amount for:
(A) earnings lost due to absence from employment;
(B) travel expenses;
(C) hospital expenses;
(D) medical expenses; and
(E) recovery time in an amount not to exceed
concerning a treatment or procedure to enhance human
reproductive capability through in vitro fertilization, gamete
intrafallopian transfer, or zygote intrafallopian transfer.
(2) The following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell (as defined in IC 16-18-2-128.5),
as the biological parent has given written consent for the use
of the fetal stem cells.
(d) Any person who recklessly, knowingly, or intentionally uses
a human embryo created with an ovum provided to a qualified
third party under this section for purposes of embryonic stem cell
research commits unlawful use of an embryo, a Class C felony.
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